Conviction under IPC Section 302 and Arms Act Section 25 upheld due to credible direct witness testimony and supporting evidence, despite challenges to forensic integrity.

JUDGMENT :

Ravindra Maithani, J.

Instant appeal is preferred against the judgment and order dated 28.04.2016, passed in Sessions Trial Nos. 160 and 161 of 2013, State Vs. Balai Mandal , by the court of Sessions Judge, Rudrapur, District Udham Singh Nagar. By it, the appellant has been convicted under Section 302 of IPC and Section 25 of the Arms Act, 1959 (“the Arms Act”) and sentenced to undergo life imprisonment under of with a fine of `10,000/-. In default of payment of fine, to undergo, simple imprisonment for a further period of two years and further sentenced to undergo three years rigorous imprisonment under of the Arms Act with a fine of `5,000/-. In default of payment of fine, to undergo, simple imprisonment for a further period of six months.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows. According to the prosecution, on 27.02.2013, the appellant was having a fight with his wife, Jyotsana. Deceased was neighbour to the appellant, therefore, deceased Smt. Suchitra along with her husband PW1, Haridas Vishwas, the informant tried to intervene and pacify the parties, but the appellant stopped them to intervene and threaten them to life. Thereafter PW1, Haridas Vishwas and his wife, the deceased returned to their house. On the same day at about 9:30 pm, deceased was sitting in the in-laws house of the appellant, when the appellant approached her while abusing and shot her dead. The appellant ran away. The dead body was still in the hospital, when FIR was lodged. PW1, Haridas Vishwas lodged police report immediately after the incident at 11.55 pm at Police Station Kichha, District Udham Singh Nagar. Based on which, Chick FIR Exhibit A-11 was recorded as a Case Crime No.62 of 2013, under Section 302 IPC , at Police Station the extract of General Diary in case Exhibit A-12. The appellant was apprehended on 28.02.20213 and at his instance a country made pistol was also recovered of which a recovery memo Exhibit A-2 was prepared and based on this recovery Case Crime No. 65 of 2013 under Section 25 Arms Act was also lodged against the appellant. The Chick FIR is Exhibit A-4, and extract of General Diary Entry is Exhibit A-5. The inquest of deceased Suchitra Vishwas was conducted on 28.02.2013. Her post-mortem was conducted on 28.02.2013 at 4:00 pm. Post-mortem report is Exhibit A-3. The doctor had noted anti- mortem firearm injury in the post-mortem report, which reads as follows:-

“Wound of Entry –lacerated wound measuring 2.5 × 1.5 cm, situated over suprasternal notch, just above right clavicle and medial to the medial end of margins are inverted, irregular. Blackening, tattooing, and scorching present around the wound of entry. Trachea is lacerated. Pleura (left lung) is lacerated. Upper lobe of left lung is lacerated. Great vessels of the heart lacerated (i.e. aorta), about 3.0 liters of blood is present in thoracic cavity.

Wound of Exit – Lacerated wound measuring 0.5 × 0.5 cm, situated over tip of medial border of the scapula. Margins are everted. On exploration mentioned over scapula lacerated with fracture of tip of medial border of left scapula. Fracture fragment make another wound measuring 0.5 × 0.25 cm, situated 2.0 cm near and above the wound of exit.”

3. As per the doctor conducting post-mortem, the cause of death is shot and hemorrhage due to anti-mortem firearm injury. In fact, the firearm injury, as detailed in the post-mortem report, records that the margins were inverted, irregular. Blackening, tattooing, and scorching were present around the wound of entry. It suggests the fire from a very close range. The investigating